BILL ANALYSIS
C.S.H.B. 3735
By: Martinez, "Mando"
Urban Affairs
Committee Report (Substituted)
BACKGROUND AND PURPOSE
The Texas Fire Chiefs Association and Texas State Association of Fire Fighters have had difficulties finding qualified individuals from cities with a population of 100,000, or less, to apply for an appointment to the Texas Commission on Fire Protection. Because of this, the Texas State Association of Fire Fighters and The Texas Fire Chiefs Association requested the population limit be increased from 100,000 to 150,000 for the purpose of increasing the pool of possible appointees.
The Texas Commission on Fire Protection is being recommended to be abolished. Members of the Texas State Association of Fire Fighters have agreed to increase their annual membership fee, up to $50, to allow the Texas Commission on Fire Protection to become self-sustaining and not rely on general revenue. Currently, the Comptroller keeps 50% of the fees collected by the Texas Commission on Fire Protection. Because of this, the Texas Commission on Fire Protection is requesting that they keep their fees to allow them to be self-sustaining and not dependent on general revenue. Any monies collected over the amount of appropriated funds will go into general revenue.
The purpose of C.S.H.B.3735 is to increase the population limit for prospective appointees and allow the Texas Commission on Fire Protection to keep the fees they collect to allow them to be self-sufficient and not be reliant on general revenue; however, if the monies they collect exceed their appropriated funds, these monies will go into general revenue.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B.3735 amends Section 419.004(a) of the Government Code to read as follows: The commission is composed of the following 13 members: (1) two members to be selected from a list of five names submitted by the Texas Fire Chiefs Association who are chief officers with a minimum rank that is equivalent to the position immediately below that of the fire chief and who are employed in fire departments as defined by Section 419.021 that are under the jurisdiction of the commission, at least one of whom must be the head of a fire department and one of whom must be employed by a political subdivision with a population of less than 150,000; (2) two members to be selected from a list of five names submitted by the Texas State Association of Fire Fighters who are fire protection personnel as defined by Section 419.021 with the rank of battalion chief or below and who are employed in fire departments or other appropriate local authorities under the jurisdiction of the commission, one of whom must be employed by a political subdivision with a population of less than 150,000; (3) two members to be selected from a list of five names submitted by the State Firemen's and Fire Marshals' Association of Texas who are volunteer fire chiefs or volunteer fire fighters; (4) one certified fire protection engineer; (5) one certified arson investigator or certified fire protection inspector; (6) one fire protection instructor from an institution of higher education as defined by Section 61.003, Education Code; and (7) four public members.
C.S.H.B. 3735 amends Section 419.026(d) of the Government Code to read as follows: The commission is required to send the fees authorized by Subsection (a) and Section 419.033(b) to the comptroller. The Comptroller is required to deposit a portion of the fees collected into a special account in the general revenue fund dedicated for use by the commission. In any state fiscal biennium, the comptroller may not deposit into the account fees in an amount that exceeds the amount appropriated to the commission for the biennium, less any other amount appropriated to the commission from a source other than the fees. The account is exempt from the application of Section 403.095. The comptroller is required to deposit the remainder of the fees in the general revenue fund.
C.S.H.B.3735 further states: the dedication of certain fees to a special account in the general revenue fund dedicated for use by the Texas Commission on Fire Protection under Section 419.026(d), Government Code, was abolished effective August 31, 1995, under former Section 403.094(h), Government Code, as enacted by Section 11.04, Chapter 4 (S.B.3), Acts of the 72nd Legislature, 1st Called Session, 1991. Those fees are rededicated to that fund by this Act.
EFFECTIVE DATE
Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2011.
COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B.3735 modifies H.B.3735 by removing the provision that states 50% of the fees collected annually be deposited into general revenue. The wording 50% was changed to "a portion". This change compliments the new language that requires all funds collected over the commission's appropriated funds be deposited into general revenue.
C.S.H.B.3735 further removes the language that 50% of these special funds be used to defray the commission's costs in performing inspections and the other 50% be used only to provide training assistance.
C.S.H.B.3735 rededicates the special account for use by the commission for these fees. The special account was abolished in 1995.